Effective Date: January 26, 2023
By visiting our Site or using any of our Services you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. Our Terms of Service are incorporated by reference into this Policy.
Information We Collect About You
We may collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.
Information We Collect Directly From You
All visitors to our Site may browse the Site without registering for our Services. To register for our Services, you must provide your name, contact information (including email address and phone number), company name, and position at the company. We will also collect information that you voluntarily provide to us, such as your name (e.g., if you contact us via email) or information that you provide to us in an online survey or questionnaire.
Information We Collect Automatically
We may automatically collect information, such as the following, about your use of our Services through cookies and other technologies: your domain name; your browser type; operating system type; device name and model; pages or screens you view; links you click; your IP address; the length of time you visit or use our Services; and the referring URL, or the webpage that led you to our Site.
We may combine information automatically collected with other information that we have collected about you.
How We Use Your Information
We use the information we collect about you, including your personal information, for the following purposes:
To provide and improve our Services; to communicate with you about your use of our Services; to respond to your inquiries; and for other customer service purposes.
To better understand how users access and use our Services, both on an aggregated and individualized basis; to respond to user desires and preferences; and for other research and analytical purposes.
To tailor the content and information that we may send or display to you; to offer personalized help and instructions; and to otherwise personalize your experiences while using our Site or Services.
To provide you with news and newsletters, special offers, and promotions; to contact you about products or information we think may interest you; and for other marketing, advertising, and promotional purposes, including to assist us in advertising our Services on third-party websites. We may provide you with updates and promotional materials via email.
To send you non-marketing text messages when you have consented to receiving such messages.
To comply with applicable legal obligations.
How We Share Your Information
We may share your information, including personal information, as follows:
Affiliates. We may disclose your information to our affiliates or subsidiaries for research, marketing, or other purposes consistent with this Policy.
Service Providers. We may disclose your information to vendors, service providers, contractors, agents, or other entities who perform functions on our behalf.
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer your information to another entity.
In Response to Legal Process. We may disclose your information in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Protect Us and Others. We also may disclose your information where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research, or similar purposes.
Cookies and Other Tracking Mechanisms
Do Not Track
Our Site does not respond to Do Not Track signals, but we do not track your activities once you leave our Site. You may disable certain tracking as discussed in this section (e.g., by disabling cookies).
If you post content to our Site or Services, all of the information that you post may be available to all visitors to or users of our Site or Services. Your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
Our Site or Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
Security of My Personal Information
We have implemented security measures to protect the personal information we collect. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Access to My Personal Information
You may modify personal information that you have submitted by emailing us at firstname.lastname@example.org.
We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email or by emailing us at email@example.com. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.
Children Under 13
Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
If you have questions about the privacy aspects of our Services or would like to make a complaint, please email us at firstname.lastname@example.org.
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.
Terms of Service
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND MEDCOGNETICS, INC. (“MEDCOGNETICS”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE OUR SERVICES THROUGH WWW.MEDCOGNETICS.COM (THE “SITE”). BY USING SITE, YOU ARE AGREEING TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE.
MedCognetics may make changes to the Site or any part thereof at any time. MedCognetics may change, update, add or remove provisions of these Terms at any time by posting the updated terms on the Site. By using the Site after MedCognetics has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Intellectual Property and License to Use the Site and App
The Site, including, without limitation, designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”), is the intellectual property of MedCognetics and/or its licensors, and is protected by United States and international copyright laws and international treaties. Except as expressly stated herein, these Terms do not grant you any intellectual property rights in the Site, and all rights not expressly granted are reserved by MedCognetics and its licensors. You shall not modify, adapt, translate, or create derivative works based upon the Site. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code for the Site. MedCognetics hereby grants you a limited, personal, non-exclusive and non-transferable license to access the Site and to use and to display the Materials solely for your use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner, or use the Site or Materials other than for their intended purpose.
Links to Third Party Sites
The Site may contain links to third-party websites or resources that are not owned or controlled by MedCognetics. You acknowledge and agree that MedCognetics is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. MedCognetics does not control nor does it review, research, verify, validate or approve the third-party sites to which the Site may be linked. Such links, therefore, do not imply any endorsement by MedCognetics of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
MedCognetics, the MedCognetics logo, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of MedCognetics and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of MedCognetics.
Disclaimer of Warranties
THE SERVICE IS DELIVERED OR PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MEDCOGNETICS AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MEDCOGNETICS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS USE OR ANY RESULTS GENERATED THEREFROM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER MEDCOGNETICS NOR ITS LICENSORS OR SUPPLIERS REPRESENT OR WARRANT THAT THE SERVICE OR MEDCOGNETICS’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SERVICE AFTER TERMINATION HEREOF.
Limitation of Liability
IN NO EVENT SHALL MEDCOGNETICS, ITS LICENSORS, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, EVEN IF MEDCOGNETICS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF, OR COULD REASONABLY HAVE PREVENTED, SUCH DAMAGES. THE LIMITS IN THIS SECTION ARE ENFORCEABLE UNLESS OTHERWISE SPECIFICALLY EXCLUDED OR LIMITED BY LAW.
Applicable Law and Order of Precedence
These Terms and your use of the Site shall be governed by and interpreted in accordance with the laws of the State of Texas without giving effect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically disclaimed. Any action arising out of or relating to these Terms shall be brought only in the state and federal courts located in Dallas, Texas, and you hereby submit to the jurisdiction of such courts. Notwithstanding the foregoing, MedCognetics may seek injunctive relief in any court of competent jurisdiction, without posting bond, to enjoin any breach of these Terms, in addition to any other rights or remedies MedCognetics may have available at law or in equity.
MedCognetics reserves the right to temporarily suspend or terminate your access to all or any part of the Site at any time in MedCognetics’s sole discretion, with or without notice. If any provision of these Terms or the application of such provision to any person or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms or the application of such provisions, as applied to other persons, places and circumstances, shall remain in full force and effect.
If you have any questions about these Terms or otherwise need to contact MedCognetics for any reason, you can reach us at email@example.com.